DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weir Minerals Australia Ltd
(AG2015/4523)

WEIR MINERALS AUSTRALIA LTD ENTERPRISE AGREEMENT - HENDERSON 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Weir Minerals Australia Ltd Enterprise Agreement - Henderson 2015.

[1] An application has been made for approval of an enterprise agreement known as the Weir Minerals Australia Ltd Enterprise Agreement – Henderson 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Weir Minerals Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between Weir Minerals Australia Ltd and its employees, as per the Fair Work Act 2009. The application was brought before the Fair Work Commission, which included Commissioner D. A. Henderson, who was the sole decision-maker in this case. The key issue before the court was whether the enterprise agreement met the criteria for approval as outlined in the Fair Work Act. Specifically, the court needed to determine if the agreement was in the interests of "efficient, productive and harmonious workplace relations" and whether it had been made "in good faith."

The court examined the enterprise agreement clause by clause, focusing on whether the agreement's provisions would lead to efficient, productive, and harmonious workplace relations. The court also considered whether the agreement had been made in good faith, taking into account the process by which the agreement was negotiated and the parties' conduct during the negotiations. The court found that the agreement generally met the criteria for approval, noting that the parties had engaged in good faith negotiations and that the agreement contained provisions that would likely lead to efficient, productive, and harmonious workplace relations. However, the court did identify some concerns about certain provisions, particularly those relating to the classification of employees and the dispute resolution process. Despite these concerns, the court concluded that the benefits of the agreement outweighed the potential drawbacks, and that the agreement was in the interests of efficient, productive, and harmonious workplace relations.

Ultimately, the court approved the enterprise agreement, finding that it met the statutory criteria for approval. The court emphasised the importance of the agreement in promoting harmonious workplace relations and the need for parties to engage in good faith negotiations. The final orders of the court were that the enterprise agreement be approved, with the specific terms and conditions as set out in the application.

Weir Minerals Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established